Judge begins address to jury in Kerry graveyard murder trial by excusing one of the jurors

Ms Justice Ellen Ring also told the remaining jurors that they must decide their verdict on each of the six men as if they were in six separate trials

All six accused face the same charge of murdering 43-year-old Thomas Dooley (pictured) from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022. Picture via Facebook

The 26th day of the Tralee cemetery murder trial saw the presiding judge commence her address to the jury on Wednesday.

Ms Justice Ellen Ring began the day by excusing one of the jurors because of a holiday commencing on Friday. The jury started out last month with 15 jurors, including three substitutes. 

The excusing of the juror on Wednesday followed the excusing of another juror a fortnight ago. As it stands the jury now consists of 11 men and two women. It will not be until the jury retire to commence their deliberations that the 13th juror — the last remaining substitute — will be discharged.

All six accused face the same charge of murdering 43-year-old Tom Dooley from Hazelwood Drive, Killarney, at New Rath Cemetery, Rathass, Tralee, on October 5, 2022. Only 21-year-old Thomas Dooley Jr faces the second charge of assaulting Siobhán Dooley, the wife of the deceased man. 

Originally, the charge referred to serious harm. The jury has since been told that it is a charge of assault causing harm rather than serious harm that they must consider in respect of Thomas Dooley Jr.

Much of Wednesday’s address by the judge to the jury concerned the legal principles that they must use, including the presumption of innocence, being satisfied beyond a reasonable doubt before they reach a verdict, deciding their verdict on each of the six men as if they were in six separate trials, and the constituent elements that make up the offence of murder.

The judge also commenced her summary of the evidence heard by the jury since the trial began on June 4. Ms Justice Ring will continue with this review of the evidence on Thursday.

All six of the accused who are on trial deny the charge of murder. Five defendants in the case – all with the surname Dooley – Patrick, 36, from Arbutus Grove, Killarney; Thomas Sr., 43, from the halting site, Carrigrohane Road; Thomas Jr., 21, from the halting site, Carrigrohane, Cork; Michael, 29, of the halting site, Carrigrohane, Cork, and Daniel, 42, of An Carraigin, Connolly Park, Tralee, County Kerry, are on trial, as is the sixth defendant who is a teenager.